You are awaiting the IND’s decision
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If you have previously applied for asylum in another European country, the IND will ask that country to take you back. If that country agrees, the IND will then make a decision within two weeks. When you receive the decision therefore depends on the response from the other country.
However, even if you have not previously applied for asylum in another country, the IND may consider that another country is responsible for your asylum application. For example, because you were previously granted a residence visa in that country. Or because family members of yours live there. The IND will then ask that other country to take over your asylum application.
The IND decides which country should process your asylum application
Once the IND has made a decision, you will receive a letter. There are two options:
Another country is responsible for your asylum application. The Netherlands will not assess your asylum application. You will be transferred to that other country within 6 months. In certain cases, you can, with your lawyer, appeal against this decision to a Dutch court. Your lawyer will know which cases these are. The deadline for lodging an appeal is very short. The letter you receive will state the number of days within which you must do this.
The Netherlands is responsible for your asylum application. You will be subject to a different procedure.
You can appeal against the IND’s decision that another country will process your asylum application
Your lawyer can help you lodge an appeal with the court. The court will then examine whether the IND followed the AMbV procedure correctly. The court will assess whether the IND made the right decision in not processing your asylum application.
The IND may decide that the Netherlands is responsible for processing your asylum application
If your details cannot be found in EURODAC or EU-Vis, and the IND does not consider another country to be responsible for your asylum application, then the AMbV procedure does not apply to you. Your asylum application will then probably be processed under the